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Recovering Damages From Water Diversion

  • Adam Leitman Bailey, Eric S. Askanase, New York Law Journal, Real Estate Litigation

The history of real property law is replete with litigation over how one property owner’s assertion of its rights to control and adapt their property impacts their neighbors. These cases usually involve damage to a neighboring property resulting from acts of so-called trespass—which might better be termed a nuisance—one of the most common being damage  Full Article…

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Adam Leitman Bailey, P.C. Extracts Generous Buy-Out Payment for Manhattan Dental Practice from Landlord with Building in Receivership

  • Adam Leitman Bailey, Buyouts and Sale of Apartment Lease, Eric S. Askanase

A great lawyer knows when not to litigate. Oftentimes a commercial tenant in a failing building is left with little choice but to either suffer through reduced services or litigate for damages when things further deteriorate. However, with the right counsel, such a seemingly desperate situation can turn into a profitable opportunity, as one of  Full Article…

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Adam Leitman Bailey, P.C. Secures Substantial Early Termination Payment for Tenant of Foreclosed Building in Receivership

  • Commercial Tenant Representation, Eric S. Askanase, Foreclosure Litigation Group, Real Estate Litigation

With the right counsel, it turns out that you can squeeze blood from a stone, or at least from an intransigent landlord. In an extraordinary turn of events, Adam Leitman Bailey, P.C. managed to secure an early termination payment in the hundreds of thousands of dollars from the landlords of a foreclosed building in receivership  Full Article…

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Adam Leitman Bailey, P.C. Defeats Motion to Vacate Note of Issue That was Filed One Day Too Late

  • Carolyn Raulo, Eric S. Askanase, Real Estate Litigation

In a highly irregular and favorable decision, Adam Leitman Bailey, P.C. defeated a motion to vacate Note of Issue by Defendant in a landlord-tenant lawsuit arguing that it was filed one day after the statutory deadline to file a motion had expired. Under New York’s Uniform Rules for the Supreme Court governing civil lawsuits, litigants  Full Article…

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Adam Leitman Bailey, P.C. Secures A Highly Favorable Settlement On Behalf Of New Home Buyers Against A Developer That Breached Its Own Option Contract

  • Andrew Winters, Eric S. Askanase, John Desiderio, Supreme Court Litigation

Buyers who purchase homes in new developments can face a myriad of potential problems from construction delays to workmanship issues.  However, during the overheated upstate pandemic real estate rush, a new hazard arises when unscrupulous developers cancelled contracts in favor of better offers, which was the very situation faced by Adam Leitman Bailey, P.C.’s clients, who  Full Article…

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Adam Leitman Bailey, P.C. Secures A Highly Favorable Settlement On Behalf Of New Home Buyers Against A Developer That Breached Its Own Option Contract

  • Andrew Winters, Eric S. Askanase, John Desiderio, Supreme Court Litigation

Buyers who purchase homes in new developments can face a myriad of potential problems from construction delays to workmanship issues.  However, during the overheated upstate pandemic real estate rush, a new hazard arises when unscrupulous developers cancelled contracts in favor of better offers, which was the very situation faced by Adam Leitman Bailey, P.C.’s clients, who  Full Article…

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In an Unprecedented Decision, Adam Leitman Bailey, P.C. Defeats an Easement Claim by Summary Judgment

  • Eric S. Askanase, Jeffrey R. Metz, John Desiderio, Real Estate Litigation, Title Insurance Claims Group

Adam Leitman Bailey, P.C. was retained by a long-established Bronx construction company related to one of the few remaining privately owned streets in New York. Adam Leitman Bailey, P.C.’s client was sued by its neighbor who claimed an easement over the roadbed owned by Adam Leitman Bailey, P.C.’s client. The neighbor, who resided on the  Full Article…

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Adam Leitman Bailey, P.C. Helps Landlords and Sellers Navigate the Pandemic Against Defaulting Renters and Purchasers

  • Carolyn Raulo, Condominium & Cooperative Litigation, Courtney J. Lerias, Dov Treiman, Eric S. Askanase, John Desiderio, Supreme Court Litigation

COVID-19 has disrupted the ordinary course of dealing in both the residential leasing and sales sectors, with renters and buyers using COVID-related excuses and delays in attempts to avoid paying rent and close on sales in a fluctuating market. However, using a distinct combination of deep institutional knowledge about the Real Estate market, aggressive litigation  Full Article…

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